DOCSLIB.ORG

Indiana Rules of Evidence and Shall Submit to the Supreme Court from Time to Time Recommendations and Proposed Amendment to Such Rules

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Indiana Rules of Court Rules of Evidence Including Amendments Received Through January 1, 2020 TABLE OF CONTENTS Rule 101. Scope ............................................................................................................................................................................... 2 Rule 102. Purpose........................................................................................................................................................................... 2 Rule 103. Rulings on Evidence ...................................................................................................................................................... 2 Rule 104. Preliminary Questions ................................................................................................................................................... 3 Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes ........................................ 3 Rule 106. Remainder of or Related Writing or Recorded Statements ........................................................................................ 3 Rule 201. Judicial Notice ............................................................................................................................................................... 3 Rule 301. Presumptions in Civil Cases Generally ......................................................................................................................... 4 Rule 401. Test for Relevant Evidence ........................................................................................................................................... 4 Rule 402. General Admissibility of Relevant Evidence ............................................................................................................... 4 Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, or Other Reasons .............................................................. 4 Rule 404. Character Evidence; Crimes or Other Acts .................................................................................................................. 4 Rule 405. Methods of Proving Character .......................................................................................................................................5 Rule 406. Habit; Routine Practice .................................................................................................................................................5 Rule 407. Subsequent Remedial Measures....................................................................................................................................5 Rule 408. Compromise Offers and Negotiations ..........................................................................................................................5 Rule 409. Payment or Offer to Pay Medical or Other Expenses...................................................................................................5 Rule 410. Withdrawn Pleas and Offers ..........................................................................................................................................5 Rule 411. Liability Insurance ......................................................................................................................................................... 6 Rule 412. Sex-Offense Cases: The Victim’s or Witness’s Sexual Behavior or Predisposition .................................................... 6 Rule 413. Medical Expenses .......................................................................................................................................................... 6 Rule 501. Privileges ......................................................................................................................................................................... 7 Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver ........................................................................ 7 Rule 601. General Rule of Competency ......................................................................................................................................... 7 Rule 602. Lack of Personal Knowledge ......................................................................................................................................... 8 Rule 603. Oath or Affirmation to Testify Truthfully .................................................................................................................... 8 Rule 604. Interpreters ................................................................................................................................................................... 8 Rule 605. Judge’s Competency as a Witness ................................................................................................................................ 8 Rule 606. Juror’s Competency as a Witness ................................................................................................................................. 8 Rule 607. Who May Impeach a Witness ....................................................................................................................................... 8 Rule 608. A Witness’s Character for Truthfulness or Untruthfulness ........................................................................................ 8 Rule 609. Impeachment by Evidence of a Criminal Conviction.................................................................................................. 8 Rule 610. Religious Beliefs or Opinions ........................................................................................................................................ 9 Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence .......................................................................... 9 Rule 612. Writing or Object Used to Refresh Memory................................................................................................................. 9 Rule 613. Witness’s Prior Statement ............................................................................................................................................ 10 Rule 614. Calling and Interrogation of Witnesses by Court and Jury ........................................................................................ 10 Rule 615. Excluding Witnesses ..................................................................................................................................................... 10 Rule 616. Witness’s Bias ............................................................................................................................................................... 10 Rule 617. Unrecorded Statements During Custodial Interrogation .......................................................................................... 10 Rule 701. Opinion Testimony by Lay Witnesses ......................................................................................................................... 11 Rule 702. Testimony by Expert Witnesses .................................................................................................................................. 11 Rule 703. Bases of an Expert’s Opinion Testimony .................................................................................................................... 11 Rule 704. Opinion on an Ultimate Issue ...................................................................................................................................... 11 Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion .................................................................................. 11 Rule 801. Definitions .................................................................................................................................................................... 11 Rule 802. The Rule Against Hearsay ........................................................................................................................................... 12 Rule 803. Exceptions to the Rule Against Hearsay—Regardless of Whether the Declarant Is Available as a Witness .......... 12 Rule 804. Exceptions to the Rule Against Hearsay—When the Declarant is Unavailable as a Witness .................................. 15 Rule 805. Hearsay Within Hearsay .............................................................................................................................................. 15 Rule 806. Attacking and Supporting the Declarant’s Credibility ............................................................................................... 15 Rule 901. Authenticating or Identifying Evidence ...................................................................................................................... 16 Rule 902. Evidence that is Self-Authenticating ........................................................................................................................... 16 Rule 903. Subscribing Witness’ Testimony ................................................................................................................................. 17 1 Rule 1001. Definitions that Apply to this Article ......................................................................................................................... 17 Rule 1002. Requirement of the Original .....................................................................................................................................
Recommended publications
  • The Epistemology of Evidence in Cognitive Neuroscience1

    The Epistemology of Evidence in Cognitive Neuroscience1

    To appear in In R. Skipper Jr., C. Allen, R. A. Ankeny, C. F. Craver, L. Darden, G. Mikkelson, and R. Richardson (eds.), Philosophy and the Life Sciences: A Reader. Cambridge, MA: MIT Press. The Epistemology of Evidence in Cognitive Neuroscience1 William Bechtel Department of Philosophy and Science Studies University of California, San Diego 1. The Epistemology of Evidence It is no secret that scientists argue. They argue about theories. But even more, they argue about the evidence for theories. Is the evidence itself trustworthy? This is a bit surprising from the perspective of traditional empiricist accounts of scientific methodology according to which the evidence for scientific theories stems from observation, especially observation with the naked eye. These accounts portray the testing of scientific theories as a matter of comparing the predictions of the theory with the data generated by these observations, which are taken to provide an objective link to reality. One lesson philosophers of science have learned in the last 40 years is that even observation with the naked eye is not as epistemically straightforward as was once assumed. What one is able to see depends upon one’s training: a novice looking through a microscope may fail to recognize the neuron and its processes (Hanson, 1958; Kuhn, 1962/1970).2 But a second lesson is only beginning to be appreciated: evidence in science is often not procured through simple observations with the naked eye, but observations mediated by complex instruments and sophisticated research techniques. What is most important, epistemically, about these techniques is that they often radically alter the phenomena under investigation.
  • The Fundamentals of Constitutional Courts

    The Fundamentals of Constitutional Courts

    Constitution Brief April 2017 Summary The Fundamentals of This Constitution Brief provides a basic guide to constitutional courts and the issues that they raise in constitution-building processes, and is Constitutional Courts intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar. Andrew Harding About MyConstitution 1. What are constitutional courts? The MyConstitution project works towards a home-grown and well-informed constitutional A written constitution is generally intended to have specific and legally binding culture as an integral part of democratic transition effects on citizens’ rights and on political processes such as elections and legislative and sustainable peace in Myanmar. Based on procedure. This is not always true: in the People’s Republic of China, for example, demand, expert advisory services are provided it is clear that constitutional rights may not be enforced in courts of law and the to those involved in constitution-building efforts. constitution has only aspirational, not juridical, effects. This series of Constitution Briefs is produced as If a constitution is intended to be binding there must be some means of part of this effort. enforcing it by deciding when an act or decision is contrary to the constitution The MyConstitution project also provides and providing some remedy where this occurs. We call this process ‘constitutional opportunities for learning and dialogue on review’. Constitutions across the world have devised broadly two types of relevant constitutional issues based on the constitutional review, carried out either by a specialized constitutional court or history of Myanmar and comparative experience. by courts of general legal jurisdiction.
  • Proffer, Plea and Cooperation Agreements in the Second Circuit

    Proffer, Plea and Cooperation Agreements in the Second Circuit

    G THE B IN EN V C R H E S A N 8 D 8 B 8 A E 1 R SINC Web address: http://www.law.com/ny VOLUME 230—NO.27 THURSDAY, AUGUST 7, 2003 OUTSIDE COUNSEL BY ALAN VINEGRAD Proffer, Plea and Cooperation Agreements in the Second Circuit he Department of Justice over- Northern and Western districts provide sees 93 U.S. Attorney’s offices that proffer statements will not be used in throughout the country and any criminal proceeding, the Eastern and beyond. Thousands of criminal Southern agreements are narrower, T promising only that such statements will prosecutors in these offices are responsible for enforcing a uniform set of criminal not be introduced in the government’s statutes, sentencing guidelines and case-in-chief or at sentencing. Thus, Department of Justice internal policies. proffer statements in those districts may Among the basic documents that are be offered at detention hearings and criminal prosecutors’ tools of the trade are suppression hearings as well as grand proffer, plea and cooperation agreements. jury proceedings. These documents govern the relationship Death Penalty Proffer. The Eastern between law enforcement and many of the District’s proffer agreement has a provision subjects, targets and defendants whom defendant) to make statements to the that assures a witness or defendant that DOJ investigates and prosecutes. government without fear that those proffer statements will not be considered Any belief that these agreements are as statements will be used directly against the by the U.S. Attorney’s Office in deciding uniform as the laws and policies underly- witness in a later prosecution.
  • Rules of Evidence

    Rules of Evidence

    SUPREME COURT OF PENNSYLVANIA COMMITTEE ON RULES OF EVIDENCE Title 225 - Rules of Evidence [225 Pa. Code ART 1] Proposed Amendment of Pa.R.E. 104 and Revision of Comment The Committee on Rules of Evidence is planning to recommend that the Supreme Court of Pennsylvania approve the Amendment of Pa.R.E. 104 and Revision of Comment. This proposal has not been submitted for review by the Supreme Court of Pennsylvania. The text for the proposed changes precede the Report. Additions are bold and underlined, and deletions are in [bold and brackets]. We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel: Daniel A. Durst, Chief Counsel Supreme Court of Pennsylvania Committee on Rules of Evidence Pennsylvania Judicial Center 601 Commonwealth Ave., Suite 6200 P.O. Box 62635 Harrisburg, PA 17106-2635 Fax: (717) 231-9536 Email: [email protected] no later than July 30, 2010 By the Committee on Rules of Evidence PROFESSOR SANDRA D. JORDAN, CHAIR REPORT Proposed Amendment of Pennsylvania Rules of Evidence 104 (Preliminary Questions) and Revision of Comment Often the admissibility of evidence is conditioned upon the proof of foundational facts. Pennsylvania Rule of Evidence 104, modeled after Federal Rule of Evidence 104, adopted a process whereby preliminary questions concerning foundational facts are to be decided by the judge before the evidence can be admitted. To illustrate, a statement by a co-conspirator of a party made during the course and in the furtherance of a conspiracy may be admissible and not excluded as hearsay. However, a preliminary question must be answered before the statement can be admitted as a hearsay exception, to wit, whether there was a conspiracy.
  • Alabama Rules of Evidence Article V. Privileges Rule 502. Attorney-Client

    Alabama Rules of Evidence Article V. Privileges Rule 502. Attorney-Client

    Alabama Rules of Evidence Article V. Privileges Rule 502. Attorney-client privilege. (a) Definitions. As used in this rule: (1) “Client” is a person, public officer, or corporation, association, or other organization or entity, either public or private, that is rendered professional legal services by an attorney, or that consults an attorney with a view to obtaining professional legal services from the attorney. (2) “Representative of the client” is: (i) a person having authority to obtain professional legal services or to act on legal advice rendered on behalf of the client or (ii) any other person who, for the purpose of effecting legal representation for the client, makes or receives a confidential communication while acting in the scope of employment for the client. (3) “Attorney” is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation. (4) “Representative of the attorney” is a person employed by the attorney to assist the attorney in rendering professional legal services. (5) A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those to whom disclosure is reasonably necessary for the transmission of the communication. (b) General rule of privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made for the purpose of facilitating
  • Proffer Agreements

    Proffer Agreements

    BAR OURNAL J FEATURE States Attorney’s office for the Eastern District of New York provides: [T]he Office may use any statements made by Proffer Agreements Client: (A) to obtain leads to other evidence, which evidence may be used by the Office in any stage of a criminal prosecution (including What Is Your Client Waiving but not limited to detention hearing, trial or sentencing), civil or administrative proceeding, (B) as substantive evidence to and Is It Worth the Risk? cross-examine Client, should Client testify, and (C) as substantive evidence to rebut, directly or indirectly, any evidence offered or elicited, BY JOHN MCCAFFREY & JON OEBKER or factual assertions made, by or on behalf of Client at any stage of a criminal prosecution (including but not limited to detention hearing, our client is the target of a federal a plea of guilty later withdrawn” is inadmissible trial or sentencing).(Emphasis added.) investigation. He is offered the against the defendant. It is well-settled that the In practice, the particular language of these opportunity to speak with prosecutors protections afforded under these rules can be agreements determines what triggering events Yand investigators so that they have “his side” waived in proffer agreements, thus opening the open the door to the admission of a client’s of the story before determining whether door for a client’s statements to be used against proffer statements at trial. For example, in charges will be pursued. You may ask yourself, him at trial. United States v. Mezzanatto, 513 United States v. Gonzalez, 309 F.3d 882 (5th “What do I have to lose?” Well, the answer is U.S.
  • 501 MRE 501 Privilege; General Rule

    501 MRE 501 Privilege; General Rule

    501 MRE 501 Privilege; General Rule Privilege is governed by the common law, except as modified by statute or court rule. History 501 New eff. Mar 1, 1978 I. Explanation §501.1 II. Practice Suggestions §501.2 III. Prior Michigan Law §501.3 IV. Federal Rule §501.4 V. Cases Interpreting MRE 501 A. Accountant-Client Privilege 1. In General §501.5 2. Cases §501.6 B. Attorney-Client Privilege 1. In General §501.7 2. Attorney-Client Relationship §501.8 3. Scope §501.9 4. Waiver §501.10 5. Who May Assert §501.11 C. Attorney Work-Product Privilege §501.12 D. Clergy-Penitent Privilege §501.13 E. Deliberative Process Privilege §501.14 F. Husband-Wife Privilege 1. In General §501.15 2. Communications Privilege §501.16 3. Spousal Privilege and Exceptions §501.17 G. Informant’s Identity §501.18 H. Journalist’s Privilege §501.19 I. Optometrist-Patient Privilege (Not Recognized) §501.20 J. Physician-Patient Privilege 1. In General §501.21 2. Autopsies §501.22 221 © 2013 The Institute of Continuing Legal Education | 1020 Greene Street, Ann Arbor, MI 48109-1444 | www.icle.org [email protected] | Phone 877-229-4350 or 734-764-0533 | Fax 877-229-4351 or 734-763-2412 | M-F 8:00am-5:00pm §501.1 Michigan Courtroom Evidence 13 Supp. 3. Cause of Action §501.23 4. Discovery of Medical Information §501.24 5. Scope §501.25 6. Waiver §501.26 K. Probation Records Privilege §501.27 L. Psychologist/Psychiatrist-Patient Privilege §501.28 M. Self-Incrimination, Privilege Against §501.29 N.
  • Preserving the Record

    Preserving the Record

    Chapter Seven: Preserving the Record Edward G. O’Connor, Esquire Patrick R. Kingsley, Esquire Echert Seamans Cherin & Mellot Pittsburgh PRESERVING THE RECORD I. THE IMPORTANCE OF PRESERVING THE RECORD. Evidentiary rulings are seldom the basis for a reversal on appeal. Appellate courts are reluctant to reverse because of an error in admitting or excluding evidence, and sometimes actively search for a way to hold that a claim of error in an evidence ruling is barred. R. Keeton, Trial Tactics and Methods, 191 (1973). It is important, therefore, to preserve the record in the trial court to avoid giving the Appellate Court the opportunity to ignore your claim of error merely because of a technicality. II. PRESERVING THE RECORD WHERE THE TRIAL COURT HAS LET IN YOUR OPPONENT’S EVIDENCE. A. The Need to Object: 1. Preserving the Issue for Appeal. A failure to object to the admission of evidence ordinarily constitutes a waiver of the right to object to the admissibility or use of that evidence. Taylor v. Celotex Corp., 393 Pa. Super. 566, 574 A.2d 1084 (1990). If there is no objection, the court is not obligated to exclude improper evidence being offered. Errors in admitting evidence at trial are usually waived on appeal unless a proper, timely objection was made during the trial. Commonwealth v. Collins, 492 Pa. 405, 424 A.2d 1254 (1981). The rules of appellate procedure are meant to afford the trial judge an opportunity to correct any mistakes that have been made before these mistakes can be a basis of appeal. A litigator will not be allowed to ambush the trial judge by remaining silent at trial and voice an objection to the Appellate Court only after an unfavorable verdict or judgment is reached.
  • I Am Coming to a Court Hearing, What Do I Need to Know?

    I Am Coming to a Court Hearing, What Do I Need to Know?

    Where will my hearing take place? When will the judge make a decision? ISLEISLE OFOF MANMAN The hearing may take place in any of the court- The judge will normally tell you what decision has COURTS OF JUSTICE rooms, which have equipment to record the pro- been reached when all the evidence has been given. ceedings. A written copy of the decision (an ‘order’) will be sent I am coming to a court hearing, to you after the hearing. The order will not set out what do I need to know? HCG07 The judge decides if the hearing will be held either: the reasons for the decision. The judge may tell you Claimant guidance in the Small Claims Procedure • in public – members of the public are allowed to do something, such as pay money to the other to be present at the hearing if there is sufficient party or begin preparing your evidence for trial, as room; or part of the decision. • in private – generally, only the people involved You should carry out the instructions when you are in the case (called the parties), their witnesses told to do so and not wait until the written order ar- and advocates can be present at the hearing. rives. What happens at the hearing? If the judge needs more time to reach a decision you The judge will normally want to hear first from the will be sent a notice telling you the time, date and claimant (the person who started the case, or place the decision will be given. This is called made the application) then the defendant (the per- ‘reserving judgment’.
  • The Adjudication Hearing

    The Adjudication Hearing

    Chapter 8 The Adjudicatory Hearing Summary of Contents This chapter explores the requirements for “informal but orderly” adjudicatory hearings under the Juvenile Act. • § 8-1. The Adjudicatory Hearing in General • § 8-2. Best Practices • § 8-3. Timing of Hearings • § 8-4. General Conduct of Hearings • § 8-5. Hearings Conducted by Juvenile Court Hearing Officers • § 8-6. Public Attendance at Hearings • § 8-7. Hearing Procedures • § 8-8. Admissions • § 8-9. Consent Decrees • § 8-10. Trauma-Informed Court Process and Procedures • § 8-11. Ensuring the Rights of Victims • § 8-12. Accommodating Young Witnesses Key Statutes • 42 Pa.C.S.§6302 (definitions) “Assessment” “Screening” “Sexual violence” • 42 Pa.C.S. §6310 (parental participation) • 42 Pa.C.S. §6335 (release or holding of hearing) • 42 Pa.C.S. §6336 (conduct of hearing) • 42 Pa.C.S. §6336.2 (use of restraints on children during court proceedings) • 42 Pa.C.S. §6337.1 (right to counsel for children in dependency and delinquency proceedings) • 42 Pa.C.S. §6338 (other basic rights) • 42 Pa.C.S. §6339 (investigation and report) • 42 Pa.C.S. §6340 (consent decree) 8.1 • 42 Pa.C.S. §6341 (adjudication) • 18 P.S. §11.201 (victim attendance rights) Rules1 • Rule 120, Pa.R.J.C.P. (definitions) “Advanced Communication Technology” “Destroy or Destruction” “Expunge or Expungement” • Rule 122, Pa.R.J.C.P. (continuances) • Rule 127, Pa.R.J.C.P. (recording of hearings) • Rule 128, Pa.R.J.C.P. (presence at proceedings) • Rule 129, Pa.R.J.C.P. (appearance by advanced communication technology) • Rule 131, Pa.R.J.C.P.
  • Privileges and Hearsay

    Privileges and Hearsay

    Journal of the National Association of Administrative Law Judiciary Volume 5 Issue 2 Article 2 10-15-1985 Two Notes on Evidence: Privileges and Hearsay J. W. Deese Follow this and additional works at: https://digitalcommons.pepperdine.edu/naalj Part of the Administrative Law Commons, and the Evidence Commons Recommended Citation J. W. Deese, Two Notes on Evidence: Privileges and Hearsay, 5 J. Nat’l Ass’n Admin. L. Judges. (1985) available at https://digitalcommons.pepperdine.edu/naalj/vol5/iss2/2 This Article is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Journal of the National Association of Administrative Law Judiciary by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. TWO NOTES ON EVIDENCE: PRIVILEGES AND HEARSAY Hon. J. W. Deese / A. PRIVILEGES I. Introduction Evidentiary rules of privilege differ from other rules of evidence or rules of admissibility in two important ways: (1) at some administrative tribunals, such as those under the Federal Administrative Procedure Act and some State Administrative Procedure Acts, the rules of evidence applicable in courts of general jurisdiction are not requir- ed to be applied; but even in these tribunals the rules of privilege still apply. (2) Unlike other rules of admissi- bility, which either determine the relevance of evidence or impose conditions of admissibility directed to improving the quality of proof and rejecting evidence which is either untrustworthy or unreliable; rules of privilege exist, not to enhance the search for the truth, but instead to forbid the admission of evidence because some consideration extrin- sic to the search for the truth is regarded as more impor- tant.
  • Analysis - Identify Assumptions, Reasons and Claims, and Examine How They Interact in the Formation of Arguments

    Analysis - Identify Assumptions, Reasons and Claims, and Examine How They Interact in the Formation of Arguments

    Analysis - identify assumptions, reasons and claims, and examine how they interact in the formation of arguments. Individuals use analytics to gather information from charts, graphs, diagrams, spoken language and documents. People with strong analytical skills attend to patterns and to details. They identify the elements of a situation and determine how those parts interact. Strong interpretations skills can support high quality analysis by providing insights into the significance of what a person is saying or what something means. Inference - draw conclusions from reasons and evidence. Inference is used when someone offers thoughtful suggestions and hypothesis. Inference skills indicate the necessary or the very probable consequences of a given set of facts and conditions. Conclusions, hypotheses, recommendations or decisions that are based on faulty analysis, misinformation, bad data or biased evaluations can turn out to be mistaken, even if they have reached using excellent inference skills. Evaluative - assess the credibility of sources of information and the claims they make, and determine the strength and weakness or arguments. Applying evaluation skills can judge the quality of analysis, interpretations, explanations, inferences, options, opinions, beliefs, ideas, proposals, and decisions. Strong explanation skills can support high quality evaluation by providing evidence, reasons, methods, criteria, or assumptions behind the claims made and the conclusions reached. Deduction - decision making in precisely defined contexts where rules, operating conditions, core beliefs, values, policies, principles, procedures and terminology completely determine the outcome. Deductive reasoning moves with exacting precision from the assumed truth of a set of beliefs to a conclusion which cannot be false if those beliefs are untrue. Deductive validity is rigorously logical and clear-cut.